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Deputy who fired fatal shot identified

Dan Kuhn, of the Marion County Sheriff's Office, holds a news conference on Aug.11, 2011. Kuhn released the name of the deputy who fired the fatal shot in the death of a 21-year-old Marion County man. The incident is being investigated by the Florida Department of Law Enforcement.

Doug Engle/Staff photographer/File

Published: Monday, July 9, 2012 at 10:09 p.m.

Last Modified: Monday, July 9, 2012 at 10:09 p.m.

While the Florida Department of Law Enforcement continues to investigate the shooting death of a 21-year-old man by a Marion County sheriff's deputy on Friday night, it was revealed Monday that the fatal shot was fired by Deputy Lauren Miley.

Miley fired one shot at Joshua Salvato, said Marion County Undersheriff Dan Kuhn.

“Other than that, the FDLE is keeping it close to the vest,” he said.

Kuhn declined to say if Salvato was armed or if he was trying to take a weapon from Miley or Deputy Norman Brown, the second officer on the scene.

“I really can't go into that. There was a fight and it was the female deputy that fired,” he said.

The FDLE investigates law enforcement shootings and presents the evidence to the local State Attorney's Office.

Kuhn did say the agency's use-of-force guidelines are based on Florida law.

“We follow state law. Individuals are allowed to use force, up to and including deadly force, to defend yourself or others from great bodily harm. That tracks Florida statutes,” he said.

In the past, there was a use-of-force “matrix” that gave law enforcement agencies guidelines for when to escalate force.

“They don't use that anymore. You use the force that you feel necessary at the time,” Kuhn said.

The sheriff's use-of-force guidelines state the use of deadly force is the last resort, but can be used when the subject — regardless of if they are armed — has the ability, opportunity and intent of causing death or great bodily harm to them or another.

“The deputies have not given statements yet. That's one of the factors that will play into what was in the mind of the deputy when she used force and was that reasonable under the circumstance,” Kuhn said.

Salvato was shot after deputies were called to the 10400 block of Southeast Sunset Harbor Road in Summerfield. At least two calls were made about Salvato causing a disturbance. The exact nature of the disturbance has not been released. At approximately 10:45 p.m., the deputies found Salvato in the road behaving aggressively, according to initial reports of the incident.

That's when Salvato reportedly attacked Deputies Miley and Brown.

Salvato's only previous brush with law enforcement came in 2011, when he was caught driving an unregistered vehicle. He paid a fine and adjudication was withheld, according to Marion County Clerk of the Court records.

Kuhn said every deputy who carries a firearm has to go through use-of-force training and must receive follow-up training and be recertified at least once every year.

It was the third time this year a Marion County sheriff's deputy has shot a person.

In April, Deputy John Lightle shot a man armed with a double-barreled shotgun. The man survived and Lightle was later cleared in the shooting.

In January, Deputy Steve Simpson shot and killed Michael Lyell Smith, 28, in Ocklawaha. Smith was shot after he drove off with Simpson hanging onto the man's truck. Smith was initially stopped for following another vehicle too closely.

Simpson also was cleared in the shooting.

“I don't think you can necessarily trend anything from that. Each incident stands on its own and had its own distinct set of circumstances,” Kuhn said.

<p>While the Florida Department of Law Enforcement continues to investigate the shooting death of a 21-year-old man by a Marion County sheriff's deputy on Friday night, it was revealed Monday that the fatal shot was fired by Deputy Lauren Miley.</p><p>Miley fired one shot at Joshua Salvato, said Marion County Undersheriff Dan Kuhn.</p><hr />
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<hr /><p>“Other than that, the FDLE is keeping it close to the vest,” he said.</p><p>Kuhn declined to say if Salvato was armed or if he was trying to take a weapon from Miley or Deputy Norman Brown, the second officer on the scene.</p><p>“I really can't go into that. There was a fight and it was the female deputy that fired,” he said.</p><p>The FDLE investigates law enforcement shootings and presents the evidence to the local State Attorney's Office.</p><p>Kuhn did say the agency's use-of-force guidelines are based on Florida law.</p><p>“We follow state law. Individuals are allowed to use force, up to and including deadly force, to defend yourself or others from great bodily harm. That tracks Florida statutes,” he said.</p><p>In the past, there was a use-of-force “matrix” that gave law enforcement agencies guidelines for when to escalate force.</p><p>“They don't use that anymore. You use the force that you feel necessary at the time,” Kuhn said.</p><p>The sheriff's use-of-force guidelines state the use of deadly force is the last resort, but can be used when the subject — regardless of if they are armed — has the ability, opportunity and intent of causing death or great bodily harm to them or another.</p><p>“The deputies have not given statements yet. That's one of the factors that will play into what was in the mind of the deputy when she used force and was that reasonable under the circumstance,” Kuhn said.</p><p>Salvato was shot after deputies were called to the 10400 block of Southeast Sunset Harbor Road in Summerfield. At least two calls were made about Salvato causing a disturbance. The exact nature of the disturbance has not been released. At approximately 10:45 p.m., the deputies found Salvato in the road behaving aggressively, according to initial reports of the incident.</p><p>That's when Salvato reportedly attacked Deputies Miley and Brown.</p><p>Salvato's only previous brush with law enforcement came in 2011, when he was caught driving an unregistered vehicle. He paid a fine and adjudication was withheld, according to Marion County Clerk of the Court records.</p><p>Kuhn said every deputy who carries a firearm has to go through use-of-force training and must receive follow-up training and be recertified at least once every year.</p><p>It was the third time this year a Marion County sheriff's deputy has shot a person.</p><p>In April, Deputy John Lightle shot a man armed with a double-barreled shotgun. The man survived and Lightle was later cleared in the shooting.</p><p>In January, Deputy Steve Simpson shot and killed Michael Lyell Smith, 28, in Ocklawaha. Smith was shot after he drove off with Simpson hanging onto the man's truck. Smith was initially stopped for following another vehicle too closely.</p><p>Simpson also was cleared in the shooting.</p><p>“I don't think you can necessarily trend anything from that. Each incident stands on its own and had its own distinct set of circumstances,” Kuhn said.</p>